Matter of Serri v. Heffernan

Order affirmed, with costs. Question certified not answered. No opinion.

Concur: LougheaN, Ch. J., Lewis, DesmoND and Fuld, JJ. Conway and Dye, JJ., dissent upon the ground that in view of the failure of the petitioner-respondent to comply with the provisions of the order of Mr. Justice within the statutory period, no jurisdiction over appellants was obtained. (Election Law, § 330, subd. 1; § 335; Matter of King v. Cohen, 293 N. Y. 435; Matter of Constantino, 286 N. Y. 681; Matter of Torre v. Heffernan, 296 N. Y. 624; Matter of Kram v. Cohen, 293 N. Y. 746.) Taking no part: Tecacheb, J.